SHRIMANTA BORO Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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Hrishikesh Roy, J. -
(1.) Heard Mr. B.K. Das, the learned counsel appearing for the petitioner. The respondents are represented by Mr. D. Nath, the learned Addl. Senior Govt. Advocate, Assam.
(2.) The petitioner while serving as a Constable of the 7th Assam Police Battalion (in short, 'the 7th AP Bn.'), was subjected to the disciplinary proceeding (D.P. No.25/2000) and initially he was removed from service on 20.6.2001. The belated Appeal filed on 8.11.2003 was rejected as time barred but the Appellate Authority's decision was challenged in the WP(C) No.8161/2004. The High Court in its order dated 7.5.2008, had directed consideration of the Appeal on merit and consequently, the impugned speaking order was passed on 15.9.2008 (Annexure-B). The Appellate Authority considered the nature of the misconduct and also the explanation of the delinquent and opined that the punishment of removal be substituted with the punishment of stoppage of three annual increments with cumulative effect. Thus the delinquent was reinstated on 4.10.2008 (Annexure-C), with the declaration that he shall not get any financial benefits for the period 20.6.2001 4.10.2008, but the absence period will be counted as on duty, for the purpose of pension.
(3.) The D.P. No.25/2000 was initiated with the show cause notice dated 19.3.2000, with the following statement of allegation, which is quoted here-in-below for ready reference:
"STATEMENT OF ALLEGATION
While C/No.381 Srimanta Boro was on deputation to Superintendent of Police (DSB) Office, Kokrajhar and attached with Sri Kanakeswar Narzary, the then Chief of B.A.C., to perform duty as P.S.O. detailed by the Superintendent of Police (DSB) Office, Kokrajhar, he was found absent from duty on 17.4.2000, leaving his issued arms and ammunition in the M.L.A. Hostel Room No.52, in an unsafe condition, as reported by the then Chief of B.A.C. Thus he is charged with gross misconduct and dereliction of duty.
On receipt of absent report, a notice was issued to him vide this Memo No.7/R/D/2000/3158-59 dt. 31.5.2000. Accordingly to resume duty he reported his joining to the Superintendent of Police (DSB) Office, Kokrajhar on 28.7.2000 forenoon after remaining unauthorized absence for a period of 102 days w.e.f. 17.4.2000 Am to 27.7.2000 Pm., without any leave or permission from the competent authority. This amounts to willful negligence and indisciplined act on his part.
Therefore, he is charged with willful negligence, gross misconduct, indisciplined act and dereliction of duty on two occasions which renders him unfit to be retained in the disciplined police force.";
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